Denial of Service Attacks: A Case Study of Section 308D of the Crimes Act 1900 (NSW)
Brian M. Mills · Australasian Policing · 2010
This paper presents a study of two computer 'hacking' cases investigated by the New South Wales (NSW) Police and prosecuted by the NSW Police Prosecuting Branch and the NSW Director of Public Prosecutions through the court system in NSW. A detailed analysis of the facts and investigation is included in order to provide an appreciation of the level of complexity involved and to demonstrate the degree of sophistication and technical expertise required, not only by the police in the investigation phase, but by the prosecuting authorities who have carriage of these matters in the courts. An analysis of the legal issues involved in the sentencing process in both cases is also provided. The paper continues by examining the possible impact that the two cases might have, firstly, on the reporting of 'hacking' offences, and secondly, on the future investigation of 'hacking' and other high-tech crimes by law enforcement authorities.